Specialties > Family
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Family Relationship/Defacto Property The Property (Relationships) Act 1976 came into force on 1 February 2002. It applies to all relationships. This is regardless of whether the relationship is male/female or male/male or female/female. If the relationship has existed for three years or if there is a child of the relationship then the Act will apply to the distribution of property. It applies to division of property on parting and it also applies to division of property on the death of one the partners. It is crucial to receive legal advice if you are entering into a de facto relationship or marrying to ensure both parties know their rights and to protect separate property which existed prior to the relationship commencing. This protection can be achieved be entering and signing a Contracting Out Agreement. Both parties must have independent legal advice. Loans and Gifts It is common for family members to assist others with loans from time to time - for example parents may assist a child by providing the deposit for the purchase of a house, etc. A Deed of Acknowledgement of Debt is a common document and essential in family situations. Sometimes parents also sign a mortgage or guarantee with the Bank to provide security. In cases like these Deed's of Indemnity to cover the relationships between the family members and the obligations of each to the other are well advised. We also advise on property sharing agreements. Separations When couples separate it is not necessary to apply to the Court for a Court Order. The fact of being apart and intending to separate is enough. It is also possible to be "living apart" under the same roof. Legal advice needs to be obtained with regard to these circumstances. Divorce/Dissolution of Marriage After two years apart either party may apply to the Family Court for dissolution of the marriage. It is also possible for parties to apply jointly. At least one party has to be domiciled in N.Z. |